he Situation: On August 3, 2018, Ohio Governor
John Kasich signed Senate Bill 220, the Ohio Data Protection Act
("Ohio DPA"), which provides a safe harbor against data
breach lawsuits for businesses that implement and maintain
cybersecurity programs that meet certain industry-recognized
standards.
The Result: The Ohio DPA provides businesses
with an incentive to implement and maintain an effective
cybersecurity program, in contrast to other states that have taken
a more punitive approach to cybersecurity, such as California's
recently passed Consumer Privacy Act that imposes new obligations
and potential liabilities on California businesses.
Looking Ahead: The Ohio DPA goes into effect on
November 2, 2018.
